Today is the 75th anniversary of the Nazi-Soviet Pact, a treaty that probably led to more deaths and atrocities than any other international agreement in the history of the world. In today's Germany, virtually no one in the political mainstream defends the agreement. Not so in Vladimir Putin's Russia.
Michael Ramsey and Timothy Sandefur have responded to my earlier post on elitist and populist versions of originalism. In this post, I continue the conversation and offer rejoinders to some of their points.
Some theories of originalism privilege elite understandings of the Constitution, while others emphasize those of ordinary people. There are serious arguments for both elitist and populist versions of originalism. Sometimes, the two approaches yield very different interpetations of the Constitution.
Washington Post-affilated blogger Paul Waldman claims that police abuses in Ferguson demonstrate the need for more federal and state intervention to curb local government abuses. The local government does indeed deserve blame. But Waldman is wrong to minimize the federal role in exacerbating police abuses, and also in concluding that increased federal and state control is a good general solution for local misgovernment.
David Upham's new paper is an important addition to the longstanding debate over whether laws banning interracial marriage are compatible with the original meaning of the Fourteenth Amendment. This issue is important both for its own sake, and because it has long been a point of contention in the broader debate over originalism.
Washington Post-affiliated blogger Paul Waldman denounces libertarians for supposedly ignoring police abuses in Ferguson, MO. But in reality, libertarians have been anything but silent about both Ferguson and overaggressive police tactics more generally. They have also long been the most consistent opponents of the War on Drugs, which is a leading cause of unjustified police violence.
Conservative televangelist Pat Robertson has reversed his previous previous support for marijuana legalization. Regardless of Robertson's views, there is still a strong conservative case for abolishing the War on Drugs.
We should only adopt those government programs that are likely to work well with real-world politicians and ignorant voters in charge. This point may seem obvious, but it is often overlooked.
The other day I posted about the various split opinions in the Seventh Circuit en banc case of Marakadonatos — the $30 arrest fee case. One of the opinions I was going to write more about at the time was Judge Easterbrook’s brief assertion that the strong form of the canon of constitutional avoidance shouldn’t […]
Why people are talking past one another.